A Federal High Court in Abuja has dismissed an application seeking to restrain the African Democratic Congress from holding conventions, congresses, or meetings to elect or ratify members of its executive bodies and other party structures.
In his ruling on Friday, Justice Emeka Nwite refused the ex parte motion filed by a former Deputy National Chairman of the ADC, Nafiu-Bala Gombe, noting that granting such an application without hearing from the other parties would amount to overreach.
Justice Nwite recalled that on September 4, 2025, the court had ordered the defendants—including the ADC National Chairman, David Mark—to show cause why an interim order should not restrain them from acting as leaders of the party. The judge noted that all parties had since exchanged processes in the substantive matter.
“It is not in dispute that the present application is an offshoot of the substantive matter. All parties are already before this court. Hence, any ex parte application without notice to the other parties will be overreaching. The interest of justice will be met by putting the other parties on notice. Consequently, the application is refused,” Justice Nwite ruled.
The matter has been adjourned until February 3, 2026, for the respondents to show cause.
In the ex parte motion, marked FHC/ABJ/CS/1819/2025 and filed on December 15 through his counsel, Michael Agber, Gombe named the ADC, Mark, and the party’s secretary, Ogbeni Rauf Aregbesola, as first to third defendants, while the Independent National Electoral Commission and Chief Ralph Nwosu were listed as fourth and fifth defendants.
Gombe had sought three interim reliefs, including an order restraining the ADC from holding any convention, congress, or meeting to elect or approve persons into its executive committees pending the determination of the motion on notice.
He also sought to restrain INEC from attending, monitoring, or recognising such activities and to direct the maintenance of the status quo in the management and organisation of the party.
When the matter was called, Agber argued that the prayers differed from the previous application, claiming they were aimed at restraining ADC and INEC from actions that could affect the pending suit.
Justice Nwite said, “The case is already before me, and if any person does something untoward, such action will be null and void. This application ought not to come by way of ex parte because the parties are already before the court. Justice requires that all parties be heard. You cannot shave somebody’s head in his absence.”
Despite the judge’s reservations, Agber was allowed to move the motion, citing Order 26 Rule 6 of the Federal High Court (Civil Procedure) Rules 2019, Sections 82 and 83 of the Electoral Act 2022, and the inherent jurisdiction of the court.
In an affidavit of urgency, Gombe alleged that despite the pending suit, the ADC, with INEC’s acquiescence, continued to hold meetings nationwide in preparation for conventions and congresses under what he described as the “illegal leadership of Senator David Mark and others.”
He cited the unveiling of a new ADC national headquarters, issuance of membership cards to prominent political figures, and release of party guidelines for the Osun State governorship primary as instances of contempt of the earlier court order.
Justice Nwite reiterated that a similar ex parte application by Gombe in September 2025 had been refused, and the court had directed that all defendants be put on notice.
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